C-Suite Executives Lawyer in New York

Executive Contracts, Severance & Confidentiality in New York

Executive employment contracts often include enhanced termination protections, severance entitlements, and equity vesting terms not found in standard at-will arrangements. When a departure is on the horizon, whether voluntary or forced, those contract terms become the starting point. From the first conversation, we review contracts, gather evidence, and outline the legal options available to you.

New York’s Confidentiality Rules in Settlement Agreements

New York law places real limits on how confidentiality can be used in discrimination, harassment, and retaliation settlements. Under New York General Obligations Law Section 5-336, an employer can’t require confidentiality in a settlement of such a claim unless confidentiality is the employee’s preference. If a confidentiality provision is included, the employee must receive up to 21 days to consider it and 7 days to revoke acceptance. Critically, confidentiality and non-disparagement clauses in these settlements can’t be enforced through liquidated damages or forfeiture of the settlement amount. These protections exist specifically to prevent employers from silencing employees as a condition of receiving what they’re owed.

Non-disclosure and arbitration clauses in an employment or severance agreement can affect how and where a dispute is raised, but they can’t eliminate the underlying legal right to report misconduct. Knowing the difference matters before you sign anything.

Whistleblower Retaliation Against C-Level Leaders

Executives who report suspected fraud, financial misconduct, or regulatory violations can have protections under federal whistleblower statutes and New York anti-retaliation law. Those protections don’t shrink because of a title. Retaliation at the senior level often looks less like a sudden termination and more like a slow erosion: stripped duties, exclusion from key decisions, negative performance reviews appearing for the first time, or a demotion that arrives shortly after an internal report.

We secured a $2 million whistleblower retaliation settlement for a client whose employer responded to a legitimate report with adverse employment action. Executives who report suspected securities law violations may have additional protections under federal statutes beyond state law. If your position has changed in ways that feel retaliatory after making a report, that pattern is worth examining with legal counsel before the situation advances further.